Re:Pornhub: Judge rules Visa can be sued in abuse claim
by nerdjon on Tuesday August 02, 2022 @09:55AM
(#32318489)
I am not a lawyer either.
But I would think to win sueing someone you have to show intent. If visa cut off ties when new evidence was presented I would think that would show a lack of intent?
Re:Pornhub: Judge rules Visa can be sued in abuse claim
by dragonwriter on Tuesday August 02, 2022 @10:19AM
(#32318783)
> But I would think to win sueing someone you have to show intent.
In this case the plaintiff has to show knowledge, but showing is a later stage of the case. The decision here was only over whether a valid claim was stated.
Re:Pornhub: Judge rules Visa can be sued in abuse claim
by s1artibartfast on Tuesday August 02, 2022 @10:07AM
(#32318632)
You often dont have to show intent.
Re:Pornhub: Judge rules Visa can be sued in abuse claim
by dragonwriter on Tuesday August 02, 2022 @10:18AM
(#32318766)
> It can be used as evidence that even Visa themselves agrees they shouldn't have been doing business with PH.
Specifically cited in the decision (along with Pornhub purging of the vast majority of it's content in direct response to that suspension) as showing that Visa had the power to affect Pornhub content (since Visa had apparently argued that lack of such power as a reason they should not be liable even if they had knowledge.)
[0] https://www.theverge.com/2020/12/10/22168240/mastercard-endi...